Case details
Failure to maintain apartment building caused fall: plaintiff
SUMMARY
$279431.58
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
ankle, fracture, slurred speech
FACTS
On Jan. 19, 2014, plaintiff Jose Garcia, 46, an unemployed carpenter, was visiting his cousin at an apartment building, in Oakland, owned by Lakmin Abeygoonesekera. While he was spending the day with his cousin, Garcia consumed five to eight 12-ounce beers. However, when Garcia stepped on a metal strip at the top of a set of carpeted stairs in the apartment building, he slipped and fell. Garcia sued Abeygoonesekera, alleging that Abeygoonesekera was negligent in his maintenance of the apartment building, creating a dangerous condition. Garcia claimed that he was walking in a carpeted hallway when the bottom of his tennis shoes became wet after he stepped in some water that had come from a nearby laundry room. He alleged that he stepped on the wet carpet just before he reached the stairs and that as a result, his wet shoes slipped on the metal strip at the top of the stairs, causing him to slip and fall. Plaintiff’s counsel contended that Abeygoonesekera failed to conduct periodic inspections to maintain and clean the premises. Counsel also contended that Abeygoonesekera failed to show any documentation showing any type of maintenance and inspection throughout the time the property was owned by him. Defense counsel called the acting property manager, who testified about constant visits and inspections, and claimed that there were two on-site managers who also cared for the property. Counsel also contended that the laundry rooms on the floor where Garcia fell had been made non-operational six to eight months before the incident, that the laundry machines had been taken out, and that the pipes had been capped off. Thus, Abeygoonesekera testified that there was no notice of water on the carpet on the day of the incident, or during the preceding weeks or month before the incident. Defense counsel called two emergency medical technicians who testified that Garcia showed signs of intoxication at the scene, including slurred speech and alcohol on his breath. The emergency medicine physician who personally assessed Garcia at the hospital also testified that Garcia was clinically intoxicated upon arriving at the hospital. Thus, the defense’s biomechanical expert opined that Garcia’s multiple accounts of how he fell were inconsistent and not plausible, and that Garcia’s intoxication may have played a role in the way Garcia’s body moved as the fall occurred. In response, plaintiff’s counsel argued that Abeygoonesekera failed to present any documentation showing that the laundry rooms on the second floor were closed and not in operation six to eight months before this incident., Garcia suffered a fracture of the left ankle. He was subsequently taken by ambulance to a hospital’s emergency room. Garcia ultimately underwent surgery on the ankle within a month of the incident, during which a pin and screw were placed. He then followed up with 1.5 months of physical therapy. Garcia claimed that his ankle injury would prevent his future prospects with carpentry work. Thus, plaintiff’s counsel asked the jury to award Garcia between $50,000 and $75,000 in economic damages, which included $39,431.58 for past medical costs.
COURT
Superior Court of Alameda County, Oakland, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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